Friday, July 21 | 11:00 – 11:30 am
Over a year ago Annie started work on a medical malpractice case; her team was representing a young woman against a colorectal surgeon. The patient consented to procedure X (external skin tag removal) and was treated instead with procedure Y (internal hemorrhoid stapling.) Not only was the stapling procedure unconsented, it was invasive, improperly completed in the wrong area, and left the client incontinent and forever in diapers. As Annie started illustrating the anatomy she was told by the attorney that their client was given a Krames StayWell patient brochure at her doctor’s office. Instead of inventing the wheel, she contacted Krames legal department. They agreed to terms and she purchased a one-time right to create derivatives from their original illustrations for the trial exhibits. This insured their plaintiff illustrations could not be objected to by the defense, because the base artwork was what their surgeon used in the medical record. The judge would allow the illustrations and the medical experts loved the visuals. In fact one juror was an author and asked about copyright and the expert was absolutely delighted to explain the collaboration with Krames in the creation of the illustrations based on the patient brochure. Annie and her team finally received a favorable verdict this October. Annie will present this case, the final trial exhibit slide deck, and the unique and successful collaboration with Krames through AMI membership.
Learning Objectives: Illustrators can benefit from learning about the collaboration with Krames legal department; including the value of networking with other AMI members, the legal use of pre-existing art, and utter respect for copyright with a wildly successful outcome.
Keywords: Medical Legal, Trial Exhibits, Copyright, Derivative Art, Verdict, Colorectal, Warning: Hemorrhoids
About the Presenter
Annie Gough (Goff) has been a member of the AMI since 2001 and served on the Board of Governors from 2010 through 2014. Annie is an independent Certified Medical Illustrator with over 20 years experience in traumatic injury, medical malpractice, wrongful death, and product defect cases. Annie provides anatomical and surgical illustrations along with visual exhibit consultation on insurance demand letters, medical expert depositions, case mediation, and courtroom presentations. With a background in autopsy forensics, Annie was accepted into the Medical College of Georgia After receiving her Masters she was immediately hired in-house for a Dallas, Texas law firm, a unique position rarely seen today. Annie’s career has been defined by her mastery of storytelling and exceptional customer service. She is currently the owner of ag illustrations and the author of Injury Illustrated: How Medical Images Win Legal Cases published by CRC Press textbooks. She has been a featured speaker on Case Analysis, Crash Techs: The Expert Angle, From Hostage to Hero, TBI MedLegal Jam, and is a Visiting Professor to St. George’s University.